건물명도
1. The defendant shall deliver to the plaintiff the building indicated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1, 2, and 3 as to the cause of the claim and the entire pleadings, the defendant entered into a lease agreement with the plaintiff on January 1, 2013, setting the deposit amount of KRW 10,00,000 per month, monthly rent of KRW 1.8 million, and period of lease from January 1, 2013 to January 1, 2014 (hereinafter “instant lease agreement”). The instant lease agreement was implicitly renewed even after the original lease term expires and extended until January 1, 2015 [hereinafter “Commercial Building Lease Protection Act”).
(4) Article 10(4) of the Commercial Building Lease Act provides that “a lessee shall not refuse a request for renewal of a contract between six months and one month before the expiration of the lease term without justifiable grounds.” The lessee shall be deemed to have renewed the lease under the same conditions as the former lease at the expiration of the lease term if the lessee fails to notify the lessee of the refusal of renewal or of the change in the terms and conditions within the term. In this case, the term of the lease shall be deemed to be one year.” Accordingly, the term of the lease implicitly renewed is one year. The Plaintiff notified the Defendant of the refusal of renewal on November 24, 2014, which is one month before the expiration of the renewed lease term, and the Defendant received it. According to the above recognition, according to the above recognition, the lease of this case shall be deemed to have expired on January 1, 2015.”
Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.
2. Judgment on the defendant's assertion
A. Pursuant to Article 10(2) of the Commercial Building Lease Act, the Defendant may reject a lessee’s request for renewal of the contract unless the lease period does not exceed five years.